When compiling a written warning or notification to attend a disciplinary it is extremely important that the charges are correctly formulated.
Theft is a prime example: to charge the employee with “theft” is not sufficient and additional charges must be incorporated. The reason we address other things relating to the theft is that it is not always proven in a disciplinary hearing that the act of “theft” was complete and the employee is then found not guilty. It could be that the individual tried to steal something but was caught before the act took place.
In these circumstances one would be left with an employee who gets away with the act and remains on your premises. Much to your shock and horror!
In this instance we would charge the employee as follows:
1) Theft and /or an attempt thereat [in case the act of theft was not completed]
2) Causing the Company financial loss [could also be potentially causing the company financial loss]
3) Gross dishonesty
4) Bringing the companies name into disrepute [goods may have been stolen from the client etc]
5) Conduct unbecoming an employee of the company
Due to the above you have caused the complete breakdown in the trust relationship and the employer can no longer trust you to act in the best interests of the company
We used to charge the employee with “breaking down the trust relationship” however this has changed as a result of legislation. Yes, breaking down the trust relationship plays a huge role but it cannot be a charge, per se. It is definitely an extenuating factor and strengthens the outcome of dismissal but is not a charge itself.
Written warnings (1st, 2nd and Final) are only going to lead up to a dismissal situation if those charges are recorded correctly. Should an employee be late on a number of occasions and also takes a day or two off here and there but the charges only reflect poor time keeping and nothing else, the next time the employee is absent you cannot associate the previous warning with the current incident.
This means that another first written warning is required.